[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
[Rules and Regulations]
[Pages 41193-41195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13376]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R07-OAR-2020-0155; FRL-10010-76-Region 7]


Air Plan Approval; Missouri and Kansas; Determination of 
Attainment for the Jackson County, Missouri 1-Hour Sulfur Dioxide 
Nonattainment Area and Redesignation of the Wyandotte County, Kansas 
Unclassifiable Area to Attainment/Unclassifiable

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to determine that the Jackson County, Missouri 1-hour (1-hr) 
Sulfur Dioxide (SO2) National Ambient Air Quality Standard 
(NAAQS) Nonattainment Area has attained the NAAQS and to redesignate 
the Wyandotte County, Kansas 1-hr SO2 NAAQS Unclassifiable 
Area as Attainment/Unclassifiable. Both final action decisions are 
based on air quality monitoring and modeling data.

DATES: This final rule is effective on July 9, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2020-0155. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-7718; email 
address brown.steven@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. The EPA's Response to Comments
III. What action is the EPA taking?
IV. Statutory and Executive Order Reviews

[[Page 41194]]

I. What is being addressed in this document?

    This document takes final action on the Missouri Department of 
Natural Resources' (MoDNR) May 4, 2018 request asking the EPA to make a 
determination that the Jackson County, Missouri (hereby referred to as 
the ``Jackson County area'') Nonattainment Area has attained the 2010 
1-hr primary SO2 NAAQS.
    This document also takes final action to redesignate the Wyandotte 
County, Kansas 1-hr SO2 NAAQS unclassifiable area 
(hereinafter referred to as the ``Wyandotte County area'') to 
attainment/unclassifiable based on a January 10, 2017 request from the 
Kansas Department of Health and Environment (KDHE). Detailed 
information regarding these actions can be found in the proposed rule, 
85 FR 20896, published April 15, 2020 in the Federal Register and in 
this docket.

II. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened April 
15, 2020, the date of its publication in the Federal Register and 
closed on May 15, 2020. During this period, the EPA received one 
comment. This comment is not substantive and does not require a 
response from the EPA.

III. What action is the EPA taking?

    The EPA is taking final action to determine that the Jackson County 
2010 1-hr primary SO2 nonattainment area, in Missouri, has 
attained the 2010 1-hr primary SO2 NAAQS. This final 
determination of attainment is based on a May 2018 request from the 
Missouri Department of Natural Resources (MoDNR) asking the EPA to 
consider complete, quality assured, and certified ambient air 
monitoring data from the 2015-2017 monitoring period and make a 
determination that the area has attained the 2010 1-hr primary 
SO2 NAAQS.
    The EPA is also taking final action to a January 2017 request from 
the Kansas Department of Health and Environment (KDHE) to redesignate 
the Wyandotte County, Kansas 1-hr SO2 NAAQS unclassifiable 
area to attainment/unclassifiable. The EPA's redesignation of the 
Wyandotte County area is based on air quality dispersion modeling 
submitted by the KDHE and supplemented by modeling analysis from the 
MoDNR for the Jackson County area. The relationship between the MoDNR's 
modeling analysis and the Wyandotte County area is explained in more 
detail in the ``What is the EPA's Analysis of the Information Submitted 
by the States?'' and ``Connection to the Jackson County Clean Data 
Modeling'' sections of the proposed rule, 85 FR 20896, published April 
15, 2020. The EPA has made the monitoring and modeling data available 
in the docket to this rulemaking through www.regulations.gov.

IV. Statutory and Executive Order Reviews

    This action makes a determination based on air quality monitoring 
data and modeling and results in the suspension of certain Federal 
requirements and does not impose any additional requirements.
    With regard to the redesignation portion of this action, under the 
Clean Air Act (CAA), redesignation of an area to attainment/
unclassifiable is an action that affects the air quality designation 
status of geographical areas and does not impose any regulatory 
requirements. For these reasons, this final action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because it is not a significant regulatory 
action under Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    This action does not apply on any Indian reservation land or in any 
other area where EPA or an Indian tribe has demonstrated that a tribe 
has jurisdiction. In those areas of Indian country, the action does not 
have tribal implications and will not impose substantial direct costs 
on tribal governments or preempt tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Clean data 
determination, Determination of attainment, Incorporation by reference, 
Redesignation, Reporting and recordkeeping requirements, Sulfur 
dioxide.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: June 16, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR parts 
52 and 81 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart--AA Missouri

0
2. In Sec.  52.1343, revise paragraph (b) to read as follows:


Sec.  52.1343  Control strategy: Sulfur dioxide.

* * * * *
    (b) Determination of attainment. EPA has determined, as of July 9, 
2020, that the Jackson County 2010 SO2 nonattainment has 
attained the 2010 SO2 1-hr NAAQS. This determination 
suspends the requirements for this area to submit an attainment 
demonstration, associated reasonably available control measures, 
reasonable further progress, contingency measures, and other plan 
elements related to attainment of the standards for as long as the area 
continues to meet the 2010 SO2 1-hr NAAQS.

[[Page 41195]]

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

Subpart C--Section 107 Attainment Status Designations

0
4. In Sec.  81.317, the table titled ``Kansas-2010 Sulfur Dioxide NAAQS 
[Primary]'' is amended by revising the entry ``Wyandotte County, KS'' 
to read as follows:


Sec.  81.317  Kansas.

* * * * *

                                        Kansas--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
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                                                                  Designation
     Designated area \1\     -----------------------------------------------------------------------------------
                                              Date \2\                                    Type
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                                                  * * * * * * *
Wyandotte County, KS........  July 9, 2020............................  Attainment/Unclassifiable.
 
                                                  * * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is April 9, 2018, unless otherwise noted.

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[FR Doc. 2020-13376 Filed 7-8-20; 8:45 am]
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